school in Delhi. The decision on both counts, was free
from any duress whatsoever, and had the effect of shifting
the "ordinary residence ... claimed by
the appellant or a decision taken by the respondent under
duress as alleged by him was a seriously disputed question
of facts
dire need of finances and was being subjected to
duress but nevertheless submitted a "No Dues Certificate"
dated 17th February 1992 once again ... specifically highlighting
that the same was being issued under duress. It appears that
despite the issuance of the aforesaid certificate, Pawanhans
4
still
appellant stating that the discharge voucher was signed under
extreme duress, coercion and undue influence exercised by the appellant who
took undue advantage ... accepted the payment as stated
above because of extreme financial difficulty, duress and coercion. On
10.05.2013 the High Court after recording rival submissions
Madras and Bombay. (xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers. (xviii) Complaint
counsel for the appellants contends that if a crime is
committed under duress, it would be a mitigating circumstance for not
awarding death penalty ... volui" as descriptive of the mental state of an actor
under duress according to our criminal law. I hope, indeed, to have
demonstrated that
Contract and the same was furnished by
the Contractee Company under duress and coercion of the
appellant-Contractor.
(d) The Contractee-Company, vide letter dated ... claim that No Dues Certificate/No
Claim Certificate was issued under duress/coercion is
erroneous and unsustainable. Learned senior counsel further
contended that there
what is ''coercion'' or ''duress'' in commercial contracts, we may refer to the case of Privy Council ... reported in 1979 (3) of England Reporter Page-65. Economic duress in commercial context was dealt with by their Lordships and it was held that
concerned.
38. It may be noted that short of undue influence or duress, an agreement between the parties cannot be rendered nugatory on the ground ... plaintiff may also be taken note of. In considering whether economic duress is sufficient to vitiate a contract, the Privy Council observed as follows
also
argued, on behalf of Dicitex, that it was subjected to economic
duress and coercion which resulted in the signing of the
discharge voucher, which ... second discharge
voucher signed by it was under economical or financial duress
under the arbitration agreement. It was urged that since Dicitex
had signed
deciding the claim of the claimant. The plea of coercion and duress must be specifically pleaded and cogent evidence should be adduced by the party ... contractor had assumed that he can put forth a plea of duress and that is the proof of his case, and he has presumed that
